Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Punishment of the crime

1. On December 16, 2018, at around 22:45, Defendant A: (a) reported at the main point of “D” located in Namdong-gu Incheon Metropolitan City, Incheon (hereinafter “instant main point”); (b) reported by 112, the Defendant: (c) attempted to identify the situation of the police officer belonging to the Incheonnam Police Station E-gu, Incheon; (d) obstructed the police officer’s lawful performance of duties concerning the handling of a police officer’s reporting case and the maintenance of order by assaulting the F’s employees, such as a quile, with a hand-to-knife, with a qui, with a hand-to-kick, with a view to taking a bath; and (c) obstructed the police officer’s lawful performance of duties.

2. Defendant B, at the date, time, and place indicated in the above paragraph (1), and at the police officer’s time and place, and in order to protect the body of the police officer and its neighboring people, the Defendant assaulted F with the intent of obstructing F from taking a scambling a police gear, and obstructing F from taking the scambling, thereby interfering with F’s legitimate execution of duties concerning the handling of reports and maintenance of order.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness F;

1. Photographs of damaged parts;

1. As to the Defendants and their defense counsel’s assertion on the occurrence of reports (Obstruction of Performance of Official Duties), investigation reports (cognating video) and their defense counsel, the Defendants and their defense counsel asserted that F’s act of demanding identification cards while leaving the Defendant A’s access and of taking photographs and the act of allowing the above Defendant to be locked does not fall under the scope of legitimate execution of duties. Thus, the Defendants asserted that the crime

The crime of obstruction of the performance of official duties is premised on a legitimate performance of official duties by public officials. Whether the performance of official duties by public officials belonging to abstract authority is legitimate shall be determined objectively and reasonably based on specific circumstances at the time of the act, and shall not be determined by pure objective criteria

(see, e.g., Supreme Court Decision 2011Do4763, Aug. 23, 2013). Anyone is his/her face and other aspects.